A DBA and an LLC does not infer Trademark protection. The DBA would only prevent registration of the same name within the same municipality. The LLC would only prevent registration of the same name with the Secretary of State. Only a Trademark registration would reserve the name nationally - and ONLY for the class types registered, in this case DJ services.
Without a trademark, there is no way someone in another state would even know that the name was already in use unless they happened to search the web just as you did. On that basis - you can not claim damage. You can make a trademark claim based on prior use (which you would have to prove) however, you do that by filing a lawsuit at your own expense. The Trademark office does not intervene on your behalf - they simply register names they don't police them. Even if you had a registered trademark - it would still be up to you and your own attorney to enforce it by way of law suits (or threats thereof.)
I would first write a very congenial letter making note of the coincidence and appeal to him for a change on the basis that confusion in the marketplace does not serve the interests of either of you. Don't presume any foul play here - or that he is at all invested in this name. He might not care all that much and easily make a change.
Without a trademark, there is no way someone in another state would even know that the name was already in use unless they happened to search the web just as you did. On that basis - you can not claim damage. You can make a trademark claim based on prior use (which you would have to prove) however, you do that by filing a lawsuit at your own expense. The Trademark office does not intervene on your behalf - they simply register names they don't police them. Even if you had a registered trademark - it would still be up to you and your own attorney to enforce it by way of law suits (or threats thereof.)
I would first write a very congenial letter making note of the coincidence and appeal to him for a change on the basis that confusion in the marketplace does not serve the interests of either of you. Don't presume any foul play here - or that he is at all invested in this name. He might not care all that much and easily make a change.
